United States v. One 1970 Ford Pickup, Serial No. F10yrg53615, License No. 73888e, Its Tools and Appurtenances

The Government appeals from the district court’s order denying its complaint for forfeiture of a 1970 Ford pickup. We affirm.

On August 23,1973, a special agent of the United States Secret Service was sent to claimant Julian Anthony Acosta’s printing shop to supervise the seizure of printing equipment allegedly used by Acosta in certain counterfeiting activities. After the agent informed Acosta of his constitutional rights, Acosta stated that he had driven the involved pickup from Los Angeles to Lake Tahoe, California with two counterfeit twenty dollar bills in his possession. Secret Service Agents seized the vehicle the next day pursuant to 49 U.S.C. §§ 781 & 782, providing for seizure of vehicles used to transport contraband.

The procedures relating to violations of the customs laws, 19 U.S.C. §§ 1602-1621 , are made applicable to the seizure and forfeiture of the claimant’s vehicle here by 49 U.S.C. § 784 . The seizing officer must first “immediately” report the seizure and violation to the collector of the district in which the violation occurred. 19 U.S.C. § 1602 . Where legal proceedings by the United States Attorney are required — that is, where a forfeiture is to be…